US LLC for Founders in India: Formation, EIN and Banking (2026)

• No U.S. citizenship/residency is required to own a U.S. LLC. HIGH
• You can get an EIN with no SSN/ITIN (SS-4, line 7b "Foreign"). HIGH, IRS
• Mercury is available for India (not on its prohibited list. Verify at application); Wise and Payoneer also work. HIGH
• A US–India income-tax treaty exists; how it applies depends on your facts. HIGH, IRS treaty list
• A foreign-owned single-member LLC files Form 5472 + pro-forma 1120 annually annually. A foreign-owned U.S. disregarded entity has no income tax return filing requirement of its own, but must still file a pro forma Form 1120 with Form 5472 attached by that Form 1120's due date.[1]Internal Revenue Service, Instructions for Form 5472 (12/2024) Failing to file Form 5472 when due and in the manner prescribed carries a $25,000 penalty.[2]Internal Revenue Service, Instructions for Form 5472 (12/2024)
• India-side rules (FEMA/LRS/ODI, GST on services, foreign-asset disclosure) NEEDS LOCAL EXPERT REVIEW.

Indian SaaS founders wanting global customers and Stripe, freelancers and agencies billing U.S. clients in USD, and indie hackers who want a credible U.S. company commonly use a U.S. LLC. If you plan to raise U.S. venture capital, a Delaware C-corp may fit better, see LLC vs C-corp.

This is the India-specific point generic guides skip. An Indian resident setting up or holding a foreign entity intersects with FEMA, the Liberalised Remittance Scheme (LRS), and the Overseas Investment Rules, 2022 (ODI/OPI) administered by the Reserve Bank of India (RBI). How these apply to your specific structure and remittances is not settled by a blog. NEEDS LOCAL EXPERT REVIEW. Confirm with an Indian Chartered Accountant before you move money.

A valid passport (primary ID), proof of address, and your LLC formation documents and EIN for banking/Stripe. Providers may request additional KYC.

File SS-4 with "Foreign" on line 7b and apply by fax or the international phone line (+1 267-941-1099). See the EIN guide. Timing varies; not guaranteed.

Mercury is generally available (verify at application); Wise Business and Payoneer are common for USD receiving. Compare options and keep documentation consistent. No provider approval is guaranteed.

Stripe in India has historically been limited, which is a major reason Indian founders route through a U.S. entity. A U.S. LLC + EIN + U.S. bank improves Stripe readiness, but approval is never guaranteed. See the Stripe guide.

Budget for Form 5472 + pro-forma 1120 every year, plus your state report/fee. BOI does not apply to your U.S.-formed LLC.

Formation and year-one costs are typically a few hundred USD plus registered agent, and the ongoing state cost depends on the state. Wyoming charges an annual report license tax of $60 or two-tenths of one mill on the dollar of assets located in Wyoming, whichever is greater, due the first day of the anniversary month of formation.[3]Wyoming Secretary of State, Annual Report and License Tax Rules Every domestic and foreign Delaware LLC owes a flat $400 annual tax, due on or before June 1, and files no annual report.[4]State of Delaware, Delaware Code, 6 Del. C. § 18-1107(b) Convert to INR at the current rate; show clients a live FX note rather than a fixed figure. (FX MEDIUM.)

Treaty relief/foreign tax credits may reduce double taxation, and export-of-services GST treatment (zero-rating/LUT) and ITR Schedule FA foreign-asset disclosure may apply. NEEDS LOCAL EXPERT REVIEW. Confirm with an Indian CA.

You can generally form the U.S. LLC; the work that protects you is the India side. FEMA/LRS/ODI, GST, and disclosure. Get an Indian CA to review your structure, use Mercury/Wise/Payoneer for banking, and plan for annual Form 5472.

FEMA: India's Foreign Exchange Management Act. LRS. Liberalised Remittance Scheme. ODI/OPI. Overseas Direct/Portfolio Investment rules (RBI). EIN / Form 5472 / ECI, see the federal guides. Schedule FA, foreign-asset disclosure in the Indian ITR.